| (a) The Texas Legislature authorized the Texas Indigent
Defense Commission (Commission) to direct the Comptroller to distribute
Fair Defense Account funds and other appropriated funds, including
grants, to counties and other eligible entities enumerated in section
79.037, Government Code, to provide indigent defense services. It
further authorized the Commission to monitor grants and enforce compliance
with grant terms. Subchapters A - D of this chapter apply to all indigent
defense grants and other funds awarded to counties or other eligible
entities by the Commission. Subchapter A of this chapter covers the
general provisions for funding. Subchapter B of this chapter addresses
funding types, eligibility, and general provisions of grant funding.
Subchapter C of this chapter sets out the rules related to administering
grants. Subchapter D of this chapter specifies rules regarding fiscal
and program monitoring and audits. A commission-funded grantee must
comply with the provisions of Subchapters A - D of this chapter in
effect on the date the grant is awarded by the Commission, unless
a subsequent effective date is specified by the Commission in an original
grant award or a grant adjustment. Grantees must comply with all applicable
state and federal statutes, rules, regulations, and guidelines. In
instances where both federal and state requirements apply to a grantee,
the more restrictive requirement applies.
(b) Only counties in Texas and other eligible entities
enumerated in section 79.037, Government Code, are eligible to receive
grants or other funds from the Commission.
(c) The Commission may distribute grants in accordance
with its policies and based on official submissions and reports provided
by grantees. These funds must be used to support or improve indigent
defense systems in Texas counties and are subject to all applicable
conditions contained in this chapter.
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